How To Settle With A Car Insurance Provider After An Accident
Handling your own car accident settlement case by yourself is challenging because the insurance provider you work with will be specialized in trying to limit the company's liability, given the large sums of money that are often involved in a car accident. But if you are experienced with legal matters, you may wish to negotiate a settlement with the insurance provider of the defendant before you consider hiring a lawyer.
Proving That You Were A Victim
You are more likely to receive an adequate settlement on your own when it is easy to prove that the other party was responsible for the accident. You're much more likely to win if you have witnesses, you've taken photographs of the accident, you have filed a police report and you have received quick medical treatment.
Calculating Your Damages
Once you have evidence that the defendant was responsible for your accident, the next step is to determine and prove the specific damages that you have suffered. Some of these damages are exact. For instance, if you had to receive treatment for an injury, your medical bills would be exact, measurable damages. However, you will also need to receive compensation based on an estimation of what medical bills you will have to pay in the future.
If your injuries have prevented you from working, you can then sue for your lost earnings, both past, present and future. Your lost earnings would be based on how much you earned the past year before you were injured. Your work life expectancy is also factored on. This is based on statistics regarding how long you would likely work based on your age, gender and race.
There are some damages that are not able to be calculated exactly. For instance, if you have experienced significant pain and suffering, there is no objective measurement of how much you should receive based on the pain you experienced. Pain and suffering is usually based on a multiplier that the insurance provider uses. Depending on the extent of your pain and suffering, you may need the assistance of a car accident attorney. Depending on the severity of your injuries, you may receive more compensation if you take your case to court.
Preparing For A Counter-Claim
You will need to understand the ways in which the insurance provider will try to blame you for the accident so you can have a prepared counter-answer. For example, you may be accused of speeding. Under these circumstances, you may be better off hiring a car accident legal team, such as Gibbs and Parnell.